California 2017 2017-2018 Regular Session

California Assembly Bill AB1513 Introduced / Bill

Filed 02/17/2017

                    CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Assembly Bill No. 1513Introduced by Assembly Member KalraFebruary 17, 2017 An act to amend Section 1569.1 of the Health and Safety Code, relating to residential care facilities for the elderly. LEGISLATIVE COUNSEL'S DIGESTAB 1513, as introduced, Kalra. Residential care facilities for the elderly: review.Existing law, the California Residential Care Facilities for the Elderly Act, provides for the licensure of residential care facilities for the elderly by the State Department of Social Services. Existing law authorizes the department to impose various civil penalties for a licensing violation under those provisions, as specified, and establishes a process for the appeal of a citation.This bill would require the Legislative Analysts Office to review the enforcement framework for residential care facilities for the elderly and to submit recommendations for any updates to the relevant policy committees of the Legislature on or before October 1, 2018.Digest Key Vote: MAJORITY  Appropriation: NO  Fiscal Committee: NO  Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 1569.1 of the Health and Safety Code is amended to read:1569.1. (a) The Legislature hereby finds and declares:(a)(1) The Legislature has taken steps in recent years to develop a continuum of long-term social and health support services for older persons in the community that provide a range of options for long-term care and residential care facilities for the elderly are central in that continuum.(b)(2) These efforts require a reevaluation of residential care for the elderly outside the constraints of the Community Care Facilities Act.(c)(3) The Community Care Facilities Act was enacted in 1973 with the primary purpose of ensuring that residents of state hospitals would have access to safe, alternative community-based housing.(d)(4) Since that time, due to shortages in affordable housing and a greater demand for residences for the elderly providing some care and supervision, a growing number of elderly persons with health and social care needs now reside in community care facilities that may or may not be designed to meet their needs.(e)(5) Progress in the field of gerontology has provided new insights and information as to the types of services required to allow older persons to remain as independent as possible while residing in a residential care facility for the elderly.(f)(6) The fluctuating health and social status of older persons demands a system of residential care that can respond to these needs by making available multilevels of service within the facility, thus reducing the need for residents with fluctuating conditions to move between medical and nonmedical facilities.(g)(7) Residential care facilities for the elderly which that are not primarily medically oriented represent a humane approach to meeting the housing, social social, and service needs of older persons, and can provide a homelike environment for older persons with a variety of care needs.(h)(8) It is, therefore, the intent of the Legislature to require that residential care facilities for the elderly be licensed as a separate category within the existing licensing structure of the State Department of Social Services.(b) (1) The Legislative Analysts Office shall review the enforcement framework for residential care facilities for the elderly and submit recommendations for any updates to the relevant policy committees of the Legislature on or before October 1, 2018.(2) The requirement for submitting a report pursuant to this subdivision is inoperative on October 1, 2022, pursuant to Section 10231.5 of the Government Code.(3) The report required by this subdivision shall be submitted in compliance with Section 9795 of the Government Code.

 CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Assembly Bill No. 1513Introduced by Assembly Member KalraFebruary 17, 2017 An act to amend Section 1569.1 of the Health and Safety Code, relating to residential care facilities for the elderly. LEGISLATIVE COUNSEL'S DIGESTAB 1513, as introduced, Kalra. Residential care facilities for the elderly: review.Existing law, the California Residential Care Facilities for the Elderly Act, provides for the licensure of residential care facilities for the elderly by the State Department of Social Services. Existing law authorizes the department to impose various civil penalties for a licensing violation under those provisions, as specified, and establishes a process for the appeal of a citation.This bill would require the Legislative Analysts Office to review the enforcement framework for residential care facilities for the elderly and to submit recommendations for any updates to the relevant policy committees of the Legislature on or before October 1, 2018.Digest Key Vote: MAJORITY  Appropriation: NO  Fiscal Committee: NO  Local Program: NO 





 CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION

Assembly Bill No. 1513

Introduced by Assembly Member KalraFebruary 17, 2017

Introduced by Assembly Member Kalra
February 17, 2017

 An act to amend Section 1569.1 of the Health and Safety Code, relating to residential care facilities for the elderly. 

LEGISLATIVE COUNSEL'S DIGEST

## LEGISLATIVE COUNSEL'S DIGEST

AB 1513, as introduced, Kalra. Residential care facilities for the elderly: review.

Existing law, the California Residential Care Facilities for the Elderly Act, provides for the licensure of residential care facilities for the elderly by the State Department of Social Services. Existing law authorizes the department to impose various civil penalties for a licensing violation under those provisions, as specified, and establishes a process for the appeal of a citation.This bill would require the Legislative Analysts Office to review the enforcement framework for residential care facilities for the elderly and to submit recommendations for any updates to the relevant policy committees of the Legislature on or before October 1, 2018.

Existing law, the California Residential Care Facilities for the Elderly Act, provides for the licensure of residential care facilities for the elderly by the State Department of Social Services. Existing law authorizes the department to impose various civil penalties for a licensing violation under those provisions, as specified, and establishes a process for the appeal of a citation.

This bill would require the Legislative Analysts Office to review the enforcement framework for residential care facilities for the elderly and to submit recommendations for any updates to the relevant policy committees of the Legislature on or before October 1, 2018.

## Digest Key

## Bill Text

The people of the State of California do enact as follows:SECTION 1. Section 1569.1 of the Health and Safety Code is amended to read:1569.1. (a) The Legislature hereby finds and declares:(a)(1) The Legislature has taken steps in recent years to develop a continuum of long-term social and health support services for older persons in the community that provide a range of options for long-term care and residential care facilities for the elderly are central in that continuum.(b)(2) These efforts require a reevaluation of residential care for the elderly outside the constraints of the Community Care Facilities Act.(c)(3) The Community Care Facilities Act was enacted in 1973 with the primary purpose of ensuring that residents of state hospitals would have access to safe, alternative community-based housing.(d)(4) Since that time, due to shortages in affordable housing and a greater demand for residences for the elderly providing some care and supervision, a growing number of elderly persons with health and social care needs now reside in community care facilities that may or may not be designed to meet their needs.(e)(5) Progress in the field of gerontology has provided new insights and information as to the types of services required to allow older persons to remain as independent as possible while residing in a residential care facility for the elderly.(f)(6) The fluctuating health and social status of older persons demands a system of residential care that can respond to these needs by making available multilevels of service within the facility, thus reducing the need for residents with fluctuating conditions to move between medical and nonmedical facilities.(g)(7) Residential care facilities for the elderly which that are not primarily medically oriented represent a humane approach to meeting the housing, social social, and service needs of older persons, and can provide a homelike environment for older persons with a variety of care needs.(h)(8) It is, therefore, the intent of the Legislature to require that residential care facilities for the elderly be licensed as a separate category within the existing licensing structure of the State Department of Social Services.(b) (1) The Legislative Analysts Office shall review the enforcement framework for residential care facilities for the elderly and submit recommendations for any updates to the relevant policy committees of the Legislature on or before October 1, 2018.(2) The requirement for submitting a report pursuant to this subdivision is inoperative on October 1, 2022, pursuant to Section 10231.5 of the Government Code.(3) The report required by this subdivision shall be submitted in compliance with Section 9795 of the Government Code.

The people of the State of California do enact as follows:

## The people of the State of California do enact as follows:

SECTION 1. Section 1569.1 of the Health and Safety Code is amended to read:1569.1. (a) The Legislature hereby finds and declares:(a)(1) The Legislature has taken steps in recent years to develop a continuum of long-term social and health support services for older persons in the community that provide a range of options for long-term care and residential care facilities for the elderly are central in that continuum.(b)(2) These efforts require a reevaluation of residential care for the elderly outside the constraints of the Community Care Facilities Act.(c)(3) The Community Care Facilities Act was enacted in 1973 with the primary purpose of ensuring that residents of state hospitals would have access to safe, alternative community-based housing.(d)(4) Since that time, due to shortages in affordable housing and a greater demand for residences for the elderly providing some care and supervision, a growing number of elderly persons with health and social care needs now reside in community care facilities that may or may not be designed to meet their needs.(e)(5) Progress in the field of gerontology has provided new insights and information as to the types of services required to allow older persons to remain as independent as possible while residing in a residential care facility for the elderly.(f)(6) The fluctuating health and social status of older persons demands a system of residential care that can respond to these needs by making available multilevels of service within the facility, thus reducing the need for residents with fluctuating conditions to move between medical and nonmedical facilities.(g)(7) Residential care facilities for the elderly which that are not primarily medically oriented represent a humane approach to meeting the housing, social social, and service needs of older persons, and can provide a homelike environment for older persons with a variety of care needs.(h)(8) It is, therefore, the intent of the Legislature to require that residential care facilities for the elderly be licensed as a separate category within the existing licensing structure of the State Department of Social Services.(b) (1) The Legislative Analysts Office shall review the enforcement framework for residential care facilities for the elderly and submit recommendations for any updates to the relevant policy committees of the Legislature on or before October 1, 2018.(2) The requirement for submitting a report pursuant to this subdivision is inoperative on October 1, 2022, pursuant to Section 10231.5 of the Government Code.(3) The report required by this subdivision shall be submitted in compliance with Section 9795 of the Government Code.

SECTION 1. Section 1569.1 of the Health and Safety Code is amended to read:

### SECTION 1.

1569.1. (a) The Legislature hereby finds and declares:(a)(1) The Legislature has taken steps in recent years to develop a continuum of long-term social and health support services for older persons in the community that provide a range of options for long-term care and residential care facilities for the elderly are central in that continuum.(b)(2) These efforts require a reevaluation of residential care for the elderly outside the constraints of the Community Care Facilities Act.(c)(3) The Community Care Facilities Act was enacted in 1973 with the primary purpose of ensuring that residents of state hospitals would have access to safe, alternative community-based housing.(d)(4) Since that time, due to shortages in affordable housing and a greater demand for residences for the elderly providing some care and supervision, a growing number of elderly persons with health and social care needs now reside in community care facilities that may or may not be designed to meet their needs.(e)(5) Progress in the field of gerontology has provided new insights and information as to the types of services required to allow older persons to remain as independent as possible while residing in a residential care facility for the elderly.(f)(6) The fluctuating health and social status of older persons demands a system of residential care that can respond to these needs by making available multilevels of service within the facility, thus reducing the need for residents with fluctuating conditions to move between medical and nonmedical facilities.(g)(7) Residential care facilities for the elderly which that are not primarily medically oriented represent a humane approach to meeting the housing, social social, and service needs of older persons, and can provide a homelike environment for older persons with a variety of care needs.(h)(8) It is, therefore, the intent of the Legislature to require that residential care facilities for the elderly be licensed as a separate category within the existing licensing structure of the State Department of Social Services.(b) (1) The Legislative Analysts Office shall review the enforcement framework for residential care facilities for the elderly and submit recommendations for any updates to the relevant policy committees of the Legislature on or before October 1, 2018.(2) The requirement for submitting a report pursuant to this subdivision is inoperative on October 1, 2022, pursuant to Section 10231.5 of the Government Code.(3) The report required by this subdivision shall be submitted in compliance with Section 9795 of the Government Code.

1569.1. (a) The Legislature hereby finds and declares:(a)(1) The Legislature has taken steps in recent years to develop a continuum of long-term social and health support services for older persons in the community that provide a range of options for long-term care and residential care facilities for the elderly are central in that continuum.(b)(2) These efforts require a reevaluation of residential care for the elderly outside the constraints of the Community Care Facilities Act.(c)(3) The Community Care Facilities Act was enacted in 1973 with the primary purpose of ensuring that residents of state hospitals would have access to safe, alternative community-based housing.(d)(4) Since that time, due to shortages in affordable housing and a greater demand for residences for the elderly providing some care and supervision, a growing number of elderly persons with health and social care needs now reside in community care facilities that may or may not be designed to meet their needs.(e)(5) Progress in the field of gerontology has provided new insights and information as to the types of services required to allow older persons to remain as independent as possible while residing in a residential care facility for the elderly.(f)(6) The fluctuating health and social status of older persons demands a system of residential care that can respond to these needs by making available multilevels of service within the facility, thus reducing the need for residents with fluctuating conditions to move between medical and nonmedical facilities.(g)(7) Residential care facilities for the elderly which that are not primarily medically oriented represent a humane approach to meeting the housing, social social, and service needs of older persons, and can provide a homelike environment for older persons with a variety of care needs.(h)(8) It is, therefore, the intent of the Legislature to require that residential care facilities for the elderly be licensed as a separate category within the existing licensing structure of the State Department of Social Services.(b) (1) The Legislative Analysts Office shall review the enforcement framework for residential care facilities for the elderly and submit recommendations for any updates to the relevant policy committees of the Legislature on or before October 1, 2018.(2) The requirement for submitting a report pursuant to this subdivision is inoperative on October 1, 2022, pursuant to Section 10231.5 of the Government Code.(3) The report required by this subdivision shall be submitted in compliance with Section 9795 of the Government Code.

1569.1. (a) The Legislature hereby finds and declares:(a)(1) The Legislature has taken steps in recent years to develop a continuum of long-term social and health support services for older persons in the community that provide a range of options for long-term care and residential care facilities for the elderly are central in that continuum.(b)(2) These efforts require a reevaluation of residential care for the elderly outside the constraints of the Community Care Facilities Act.(c)(3) The Community Care Facilities Act was enacted in 1973 with the primary purpose of ensuring that residents of state hospitals would have access to safe, alternative community-based housing.(d)(4) Since that time, due to shortages in affordable housing and a greater demand for residences for the elderly providing some care and supervision, a growing number of elderly persons with health and social care needs now reside in community care facilities that may or may not be designed to meet their needs.(e)(5) Progress in the field of gerontology has provided new insights and information as to the types of services required to allow older persons to remain as independent as possible while residing in a residential care facility for the elderly.(f)(6) The fluctuating health and social status of older persons demands a system of residential care that can respond to these needs by making available multilevels of service within the facility, thus reducing the need for residents with fluctuating conditions to move between medical and nonmedical facilities.(g)(7) Residential care facilities for the elderly which that are not primarily medically oriented represent a humane approach to meeting the housing, social social, and service needs of older persons, and can provide a homelike environment for older persons with a variety of care needs.(h)(8) It is, therefore, the intent of the Legislature to require that residential care facilities for the elderly be licensed as a separate category within the existing licensing structure of the State Department of Social Services.(b) (1) The Legislative Analysts Office shall review the enforcement framework for residential care facilities for the elderly and submit recommendations for any updates to the relevant policy committees of the Legislature on or before October 1, 2018.(2) The requirement for submitting a report pursuant to this subdivision is inoperative on October 1, 2022, pursuant to Section 10231.5 of the Government Code.(3) The report required by this subdivision shall be submitted in compliance with Section 9795 of the Government Code.



1569.1. (a) The Legislature hereby finds and declares:

(a)



(1) The Legislature has taken steps in recent years to develop a continuum of long-term social and health support services for older persons in the community that provide a range of options for long-term care and residential care facilities for the elderly are central in that continuum.

(b)



(2) These efforts require a reevaluation of residential care for the elderly outside the constraints of the Community Care Facilities Act.

(c)



(3) The Community Care Facilities Act was enacted in 1973 with the primary purpose of ensuring that residents of state hospitals would have access to safe, alternative community-based housing.

(d)



(4) Since that time, due to shortages in affordable housing and a greater demand for residences for the elderly providing some care and supervision, a growing number of elderly persons with health and social care needs now reside in community care facilities that may or may not be designed to meet their needs.

(e)



(5) Progress in the field of gerontology has provided new insights and information as to the types of services required to allow older persons to remain as independent as possible while residing in a residential care facility for the elderly.

(f)



(6) The fluctuating health and social status of older persons demands a system of residential care that can respond to these needs by making available multilevels of service within the facility, thus reducing the need for residents with fluctuating conditions to move between medical and nonmedical facilities.

(g)



(7) Residential care facilities for the elderly which that are not primarily medically oriented represent a humane approach to meeting the housing, social social, and service needs of older persons, and can provide a homelike environment for older persons with a variety of care needs.

(h)



(8) It is, therefore, the intent of the Legislature to require that residential care facilities for the elderly be licensed as a separate category within the existing licensing structure of the State Department of Social Services.

(b) (1) The Legislative Analysts Office shall review the enforcement framework for residential care facilities for the elderly and submit recommendations for any updates to the relevant policy committees of the Legislature on or before October 1, 2018.

(2) The requirement for submitting a report pursuant to this subdivision is inoperative on October 1, 2022, pursuant to Section 10231.5 of the Government Code.

(3) The report required by this subdivision shall be submitted in compliance with Section 9795 of the Government Code.